Borough of Moosic v. Zoning Hearing Bd., 11 A.3d 564 (Pa. Commw. Ct. 2010).
Construction of a roof over an existing patio does not require land development plan approval.
Applicant was denied a building permit to erect a roof over a 20′ by 40′ outdoor patio attached to Applicant’s restaurant because the Borough determined land development plans were required under its subdivision and land development ordinance and the MPC. The Commonwealth Court held that land development under the MPC and the Borough’s ordinance did not include the mere construction of a roof over a previously approved patio. The Commonwealth Court reasoned that the definition of “land development” is intended to encompass only large-scale development and the issues that arise therefrom. The MPC does not envision an individual going through the significant land development process for minor improvements to property.
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